(1.) THE plaintiff is entitled to recover. He is the assignee of the bond and, therefore, entitled to sue. See Rama Iyen V/s. Venkatachellam Patter 30 M. 75. This ruling was not reported at the time of the judgment now appealed against.
(2.) WE reverse the decree of the lower Courts, direct the District Munsif to restore the suit to his file and deal with it according to law. Costs hitherto incurred will abide the result.